Drafting Remedies Clauses in Commercial Contracts: Consequential Damage Waivers, Liquidated Damages, Attorneys' Fees
Structuring Enforceable Provisions, Navigating the Interplay With Indemnity and Other Related Clauses
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide guidance to business counsel for negotiating and drafting enforceable remedies provisions in commercial contracts (for products, services and combinations), focusing specifically on clauses addressing consequential damage waivers, liquidated damages, attorneys’ fees and exclusive remedies. The panel will also discuss the interplay of the remedies provision with the indemnification provision in commercial agreements.
Outline
- Common remedies provisions
- Consequential damage waivers
- Liquidated damages
- Attorneys’ fees
- Exclusive remedies
- Other remedies
- Interplay with indemnity and other related provisions
- Negotiating, drafting and enforcing remedies
- Negotiation considerations and strategies
- Enforcement considerations and strategies
Benefits
The panel will review these and other key issues:
- What are the most commonly negotiated remedies in commercial contracts?
- What best practices should counsel to contracting parties apply when negotiating and drafting remedies provisions?
- What legal and practical challenges do counsel to contracting parties face when seeking to enforce remedies provisions—and how can they overcome them?
- What is the interplay between the remedies provision and the indemnity provision in commercial contracts?
Faculty
Stephen Y. Chow
Managing Attorney
Hsuanyeh Law Group
Mr. Chow developed numerous patent portfolios and strategies for chemical, electrical, information technology and... | Read More
Mr. Chow developed numerous patent portfolios and strategies for chemical, electrical, information technology and life sciences enterprises, litigated patent, copyright, trademark, trade secret, antitrust, unfair competition, international trade, telecommunications and e-commerce cases before state and federal courts and agencies. He has been a Uniform Law Commissioner since 1994. He writes extensively on commercial and intellectual property law.
CloseTimothy Murray
Partner
Murray Hogue & Lannis
Mr. Murray represents numerous businesses and individuals in all manner of contract transactional matters and... | Read More
Mr. Murray represents numerous businesses and individuals in all manner of contract transactional matters and disputes. He co-authors with Dr. John E. Murray, Jr., the biannual supplements to the landmark contract law treatise Corbin on Contracts. He and Dr. Murray have collaborated on the book for contract law practitioners published by PBI Press, Contract Law for the 21st Century Lawyer: Critical Analysis and Practical Application. He is updating numerous chapters in Lexis' landmark formbook series, Rabkin & Johnson Current Legal Forms.
CloseMichael J. Pike
Atty
Pike & Lustig
Mr. Pike concentrates his practice in the areas of complex-business litigation, contract claims, real estate disputes,... | Read More
Mr. Pike concentrates his practice in the areas of complex-business litigation, contract claims, real estate disputes, and complex-partnership litigation. He counsels clients ranging from individuals to small businesses to multi-national companies and has extensive experience in virtually all phases of civil litigation including, significant experience in Federal Court.
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